Alafaya Wrongful Death Lawyer
Florida’s wrongful death laws ensure that those who cause a person’s death through their own negligence or wrongful conduct can be held liable for their actions. Under the terms of Florida law, this means that a deceased’s relatives could file what amounts to a personal injury lawsuit on the victim’s behalf, and if successful, could be entitled to compensation for medical bills, lost wages, pain and suffering, and emotional distress.
While no amount of monetary compensation can ever make up for the loss of a loved one, recovering damages can go a long way towards easing a family’s financial burdens while they grieve and attempt to move forward with their lives. Filing this type of claim, however, does tend to be an emotional and legally complex process, so if you lost a loved one in an accident, it is important to retain an experienced Alafaya wrongful death lawyer who can advise and support you.
Filing a Wrongful Death Claim in Florida
According to Florida law, a wrongful death is any death that is the result of someone else’s:
- Wrongful act; or
- Violation of contract or warranty.
When a person’s passing qualifies as a wrongful death, the victim’s surviving family members could file a claim on that person’s behalf (through the deceased’s personal representative). Essentially, an accident victim’s family members can file a wrongful death claim if that individual would have been able to file a personal injury suit against the at-fault party in question if he or she had survived the accident.
Wrongful Death Damages
Only certain family members can recover damages on a deceased loved one’s behalf, including:
- The decedent’s spouse or children; or
- The decedent’s parents or any relative who was depending on him or her for support.
In fact, the types of compensation that a person can recover are dictated in part by an individual’s relationship with the deceased. For instance, the surviving children of a victim could be entitled to compensation for their loss of parental companionship and guidance, while surviving spouses can recover compensation for lost companionship and protection. Other potentially recoverable damages include compensation for medical bills, lost future income, funeral and burial costs, and emotional distress.
Time Limits for Filing a Wrongful Death Claim
Even plaintiffs who qualify for damages under Florida’s wrongful death statutes could end up missing out on their chance to recover if they fail to file a claim before the statute of limitations. In Florida, this deadline is two years from the date of the decedent’s death. It is, however, possible in some cases to extend this deadline. In medical malpractice cases, for example, the two year statute of limitations doesn’t actually start running until the cause of death is discovered. Similarly, when the entity being accused of negligence is a government entity, the statute of limitations is extended to four years.
Call Today to Set Up a Free Case Review
Recovering damages can go a long way towards helping grieving individuals pay off mounting medical debt and household expenses while grieving for the untimely loss of a loved one. Please call 407-381-4529 the experienced Alafaya wrongful death lawyers at Israoui Law to learn more about how we can help. We are available to answer your questions 24 hours a day, seven days a week.